LEGISLATION

Democrat Gov. Jerry Brown has signed legislation, Assembly Bill 1793, facilitating the review and expungement of hundreds of thousands of past marijuana convictions.

The new law requires “the Department of Justice, before July 1, 2019, to review the records in the state summary criminal history information database and to identify past convictions that are potentially eligible for recall or dismissal of sentence, dismissal and sealing, or redesignation pursuant to AUMA (the Adult Use Marijuana Act).” Prosecutors would have up to a year to either vacate the conviction or to reduce it from a felony to a misdemeanor.

An estimated half-million Californians are eligible for relief under the law. “Long after paying their debt to society, people shouldn’t continue to face the collateral consequences, like being denied a job or housing, because they have an outdated conviction on their records,” the bill’s sponsor, Assemblyman Rob Bonta, said.

Governor Brown also took action on several other marijuana-related bills. Specifically, he vetoed Senate Bill 1127, which permitted certain students to access medicinal cannabis products on school grounds, and Assembly Bill 1996, which authorized the University of California’s Center for Medicinal Cannabis Research to cultivate marijuana for clinical trial research. The Governor also vetoed Senate Bill 829, which prohibited cultivation taxes from being imposed on medicinal cannabis designated for donation to indigent patients, and signed into law Senate Bill 1294, which allocates grant funding to assist minority-owned businesses in the cannabis industry.

This week, the U.S. Drug Enforcement Administration placed CBD medication Epidiolex in Schedule V, the least restrictive category of the Controlled Substances Act. The move does not apply to CBD itself or other non-FDA-approved extracts containing it.

U.S. Customs and Border Protection released an official statement confirming the federal government’s policy of banning Canadians who work or invest in the marijuana industry from entering the country.

The U.S. House Rules Committee blocked yet another marijuana measure from advancing, this time an amendment to remove the 280E tax penalty on cannabis businesses.

At the state level, Pennsylvania state Rep. Jake Wheatley filed a bill that would legalize the possession, use, and retail sale of adult use marijuana and also expunge certain marijuana convictions.

New Jersey’s Senate president said he anticipates a vote on marijuana legalization legislation on October 29. The bill still has yet to be introduced.

New York Gov. Andrew Cuomo (D) announced two new marijuana legalization listening sessions in addition to the 15 that had already been scheduled. See the full list of sessions here. Cuomo also signed a bill into law, adding acute pain management to the list of conditions for which medical cannabis can be recommended as an alternative to opioid use.

California Gov. Jerry Brown (D) vetoed a bill to expand marijuana research. But he signed bills allowing local governments to approve temporary marijuana events at any location they choose, creating a grant program to assist with the implementation of local measures to ensure equity in the cannabis industry, and others.

At a more local level, Washington, D.C. Mayor Muriel Bowser (D) announced that some arrests for public use of marijuana will result in citations, rather than people being taken into custody.

The Oklahoma City, Oklahoma City Council approved an ordinance to avoid jail time for marijuana possession. The Kingsland, Georgia City Council also approved an ordinance to eliminate jail time as a penalty for possession of one ounce or less of marijuana under the city code. And similarly, the Lancaster, Pennsylvania City Council approved a proposal to decriminalize marijuana.

Following are the bills we’ve tracked still sitting on the desk of California Governor Jerry Brown, and as always, check http://norml.org/act for legislation pending in your state.

Don’t forget to sign up for our email list and we will keep you posted as these bills and more move through your home state legislature and at the federal level.

Your Highness,
Carly

Priority Alerts

Federal

Decriminalize Cannabis: Senate Minority Leader Chuck Schumer is sponsoring the Marijuana Freedom and Opportunity Act, to remove marijuana from the Controlled Substances Act and to provide funding for the expungement of criminal records for those with past marijuana convictions.

Assembly Bill 1793 seeks to allow automatic expungement or reduction of a prior cannabis conviction for an act that is not a crime as of January 1, 2017, or for a crime that as of that date subject to a lesser sentence. The bill was approved by the Senate last week.

Senate Bill 1127 would help students with severe medical disabilities attend school by allowing a parent or guardian to come on school grounds to administer medical cannabis to them in non-smoking and non-vaping forms. The bill was already approved by the Senate earlier this year.

Update: After failing to gain enough votes for passage in the Assembly on 8/23, a motion to reconsider was granted and on 8/27, SB 1127 was approved by the Assembly with a 42-29 vote. The bill now awaits action from Governor Brown.

Senate Bill 829 would exempt compassionate care programs from paying state cannabis taxes when they are providing free medical cannabis to financially disadvantaged people living with serious health conditions.

Update: SB 829 was approved by the full Assembly with a 65-2 vote on 8/29. The bill now goes back to the Senate for concurrence since it was amended in the Assembly. SB 829 is being heard by the Senate Governance and Finance Committee on Friday 8/31, and then will go to the Senate floor for a vote.

This week, reports circulated that the US Customs and Border Protection Agency will enforce a federal policy denying entry into the United States any individual involved in Canada’s burgeoning marijuana market. Under the policy, US officials are to bar entry to Canadians who acknowledge having consumed marijuana at any time in their past, as well as those who are either employed or invested in legal cannabis enterprises. NORML responded here.

The U.S. Senate’s VA Medicinal Cannabis Research Act of 2018 got one more cosponsor, for a total of five. And The U.S. House’s Fairness in Federal Drug Testing Under State Laws Act got two new cosponsors, for a total of three.

At the state level, the New Jersey Department of Health removed the ban that prohibited licensed medical cannabis dispensaries from selling concentrates to patients. Separately, details arose about New Jersey’s soon-to-be-filed marijuana legalization bill, which includes what would be the lowest tax rate in the country, home delivery, social consumption sites, and provisions benefiting small and minority owned businesses, but nothing about home cultivation. Nothing is final yet.

Several New York Assembly committees have scheduled the first of what will be four joint hearings this fall on the prospect of legalizing marijuana in the Empire State. This comes as Gov. Andrew Cuomo’s administration is holding a series of separate listening sessions across the state to gather public input on cannabis legalization.

Mississippi activists kicked off their signature gathering effort for a 2020 medical cannabis ballot initiative. Massachusetts recreational marijuana stores are unlikely to open until late October at the earliest after regulators failed to issue any final licenses at its Thursday meeting. Kentucky lawmakers held an interim hearing on medical cannabis, and the West Virginia Legislature’s Joint Committee on Health met to discuss banking access issues for medical cannabis businesses.

Commonwealth of the Northern Mariana Islands Gov. Ralph Torres (R) signed a marijuana legalization bill into law, making the territory the first place in the U.S. to end prohibition without first having a medical cannabis program.

California Gov. Jerry Brown (D) signed two bills into law this week, one preventing marijuana businesses from sharing consumers’ information for commercial purposes, and another clarifying that marijuana distributors can transport products to other distributors and that labs can test home-grown cannabis. Brown also vetoed a bill that would have allowed marijuana businesses to deduct business expenses under the state’s personal income tax law.

At a more local level, the Broken Arrow, Oklahoma City Council adopted ordinances regulating medical cannabis businesses.

Following are the bills we’ve tracked this week pending before California Governor Jerry Brown, and as always, check http://norml.org/act for legislation pending in your state.

Don’t forget to sign up for our email list and we will keep you posted as these bills and more move through your home state legislature and at the federal level.

Your Highness,
Carly

Priority Alerts

Federal

Decriminalize Cannabis: Senate Minority Leader Chuck Schumer is sponsoring the Marijuana Freedom and Opportunity Act, to remove marijuana from the Controlled Substances Act and to provide funding for the expungement of criminal records for those with past marijuana convictions.

Assembly Bill 1793 seeks to allow automatic expungement or reduction of a prior cannabis conviction for an act that is not a crime as of January 1, 2017, or for a crime that as of that date subject to a lesser sentence. The bill was approved by the Senate last week.

Senate Bill 1127 would help students with severe medical disabilities attend school by allowing a parent or guardian to come on school grounds to administer medical cannabis to them in non-smoking and non-vaping forms. The bill was already approved by the Senate earlier this year.

Update: After failing to gain enough votes for passage in the Assembly on 8/23, a motion to reconsider was granted and on 8/27, SB 1127 was approved by the Assembly with a 42-29 vote. The bill now awaits action from Governor Brown.

Senate Bill 829 would exempt compassionate care programs from paying state cannabis taxes when they are providing free medical cannabis to financially disadvantaged people living with serious health conditions.

Update: SB 829 was approved by the full Assembly with a 65-2 vote on 8/29. The bill now goes back to the Senate for concurrence since it was amended in the Assembly. SB 829 is being heard by the Senate Governance and Finance Committee on Friday 8/31, and then will go to the Senate floor for a vote.

The U.S. House Judiciary Committee approved legislation (HR 5634: The Medical Cannabis Research Act of 2018) to facilitate federally-approved clinical trials assessing the efficacy of whole-plant cannabis. The vote marks the first time that lawmakers have ever decided in favor of easing existing federal restrictions which limit investigators ability to clinically study marijuana in a manner similar to other controlled substances.

On the other hand, a congressional conference committee opted not to include a Senate-passed provision in a bill to fund the U.S. Department of Veterans Affairs. The measure is known as the Veterans Equal Access Amendment, which sought to facilitate veterans’ access to medical cannabis in jurisdictions that regulate it.

Also, U.S. Senator Dianne Feinstein (D-CA), one of Congress’s more ardent drug warriors—signed on as a cosponsor of the STATES Act, to remove the threat of federal intervention and prosecution in states that regulate marijuana use and sales.

At the state level, New Mexico’s health secretary approved adding obstructive sleep apnea as a medical cannabis qualifying condition, but rejected adding opioid addiction, muscular dystrophy, Tourette’s syndrome, eczema and psoriasis. Separately, regulators are holding a series of public meeting next month to receive feedback on proposed hemp rules.

Vermont’s marijuana legalization study committee held a meeting. And California Gov. Jerry Brown (D) signed a bill prohibiting the marketing of cannabis products on websites used by minors.

At a more local level, Brooklyn, New York’s district attorney is moving to expunge thousands of marijuana convictions. And Manhattan’s district attorney is moving to vacate misdemeanor marijuana warrants. He appeared in court to move to dismiss 3,000 marijuana cases dating back to 1978.

The Lancaster, Pennsylvania City Council amended a proposed marijuana penalty reduction ordinance, with a final vote expected later this month. The Green Bay, Wisconsin Common Council is considering lowering fines for marijuana possession. And Oklahoma City, Oklahoma’s City Council heard testimony on a proposed marijuana decriminalization ordinance.

Following are the bills we’ve tracked this week pending before California Governor Jerry Brown, and as always, check http://norml.org/act for legislation pending in your state.

Don’t forget to sign up for our email list and we will keep you posted as these bills and more move through your home state legislature and at the federal level.

Your Highness,
Carly

Priority Alerts

Federal

Decriminalize Cannabis: Senate Minority Leader Chuck Schumer is sponsoring the Marijuana Freedom and Opportunity Act, to remove marijuana from the Controlled Substances Act and to provide funding for the expungement of criminal records for those with past marijuana convictions.

Assembly Bill 1793 seeks to allow automatic expungement or reduction of a prior cannabis conviction for an act that is not a crime as of January 1, 2017, or for a crime that as of that date subject to a lesser sentence. The bill was approved by the Senate last week.

Senate Bill 1127 would help students with severe medical disabilities attend school by allowing a parent or guardian to come on school grounds to administer medical cannabis to them in non-smoking and non-vaping forms. The bill was already approved by the Senate earlier this year.

Update: After failing to gain enough votes for passage in the Assembly on 8/23, a motion to reconsider was granted and on 8/27, SB 1127 was approved by the Assembly with a 42-29 vote. The bill now awaits action from Governor Brown.

Senate Bill 829 would exempt compassionate care programs from paying state cannabis taxes when they are providing free medical cannabis to financially disadvantaged people living with serious health conditions.

Update: SB 829 was approved by the full Assembly with a 65-2 vote on 8/29. The bill now goes back to the Senate for concurrence since it was amended in the Assembly. SB 829 is being heard by the Senate Governance and Finance Committee on Friday 8/31, and then will go to the Senate floor for a vote.

Members of the House Judiciary Committee voted today in favor of legislation (HR 5634: The Medical Cannabis Research Act of 2018) to facilitate federally-approved clinical trials assessing the efficacy of whole-plant cannabis. The vote marks the first time that lawmakers have ever decided in favor of easing existing federal restrictions which limit investigators ability to clinically study marijuana in a manner similar to other controlled substances.

“The federal hurdles in place that currently discourage clinicians from engaging in clinical cannabis research have long been onerous and irrational,” NORML Deputy Director Paul Armentano said. “It is high time that lawmakers recognize this problem and take action to amend it so that investigators may conduct the same sort of high-quality clinical research with cannabis that they do with other substances.”

Currently, federal regulations mandate that investigators participating in FDA-approved clinical trials involving cannabis must obtain marijuana from a single, federally-licensed source, the University of Mississippi. However, many of those familiar with their product have criticized its quality, opining that it possesses subpar potency, is often poorly manicured, and that it does not accurately reflect the wide variety of cannabis products and strains available to consumers.

As the result of a lawsuit, DEA Administrative Law Judge Mary Ellen Bittner in 2007 ruled that expanding the pool of federally licensed providers would be “in the public interest.” The agency ultimately rejected that decision. In 2016, the DEA publicly changed its stance and amended regulations in a manner to permit additional applicants to apply for federal licensure to grow marijuana. However, the United States Attorney General’s office has failed to take action on any pending 25 applications submitted following the 2016 rule change.

House Bill 6534, sponsored by Rep. Matt Gaetz (R-FL) and 40 cosponsors mandates the Attorney General to take action on these pending federal applications, and to approve at least two additional marijuana manufacturers within a year. The measure also explicitly permits the Veterans Affairs office to engage in clinical trials involving the cannabis plant.

While some Democrats on the Committee, as well as some drug policy reform organizations, expressed criticism with regard to a provision in the bill restricting applicants with a drug-related conviction, lawmakers indicated that they would consider revising this language prior to the bill receiving a vote on the House floor.

Armentano concluded: “While this vote marks a step forward, it must also be acknowledged that despite existing barriers to research, ample studies already exist to contradict cannabis’ federal, schedule I status as a substance without medical utility, lacking acceptable safety, and possessing a high potential of abuse. More clinical research is welcome, but unfortunately science has never driven marijuana policy. If it did, the United States would already have a very different policy in place.”